Katherine E. Hankins v. AirTran Airways, Inc.

237 F. App'x 513
CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 14, 2007
Docket06-15406
StatusUnpublished
Cited by34 cases

This text of 237 F. App'x 513 (Katherine E. Hankins v. AirTran Airways, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Katherine E. Hankins v. AirTran Airways, Inc., 237 F. App'x 513 (11th Cir. 2007).

Opinion

PER CURIAM:

After appellant Katherine Hankins (“Hankins”) was terminated from her probationary term of employment with Air-Tran Airways, Inc. (“AirTran”), she brought an action against AirTran pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”). Hankins, who is white, alleged that she had been discriminated against on the basis of her race. She asserted counts against AirTran for race discrimination; hostile work environment; and improper retaliation. AirTran moved for summary judgment on all of the counts asserted by Hankins, which the district court granted. Hankins now appeals, contending that the district court erred in granting summary judgment for AirTran on her retaliation claim. 1 Upon review of the record, we AFFIRM.

I. BACKGROUND

The evidence, which we view in a light most favorable to Hankins as the party against whom summary judgment was entered, is as follows. Hankins was employed as a flight attendant with AirTran from 16 May 2003 until 29 September 2003, the date on which she was discharged. Throughout the time that Han-kins was employed with AirTran, her status was that of a probationary employee. During her employment, Hankins, who is a white female, was supervised by Maya Durham, an African-American female, who was the “in-flight supervisor” for all probationary flight attendants. As such, Durham was responsible for overseeing a panoply of performance issues related to probationary flight attendants, including their personal appearance; their in-flight professional conduct; their punctuality; their overall preparedness; and their familiarity with both FCC regulations and the in-flight equipment.

Apparently, Durham was sometimes abrasive in her interactions with probationary employees; Allison Head, who is white and is the base manager that supervised Durham, stated that she had received some complaints that Durham could be “very harsh” and “abrasive” when speaking to her subordinates. R3-56 at 14, 22. Durham herself agreed that she sometimes intimidated her trainees, because her job was to convey “very tough” information to probationary employees about the company’s expectations of them once they became flight attendants. R355 at 34-35. Hankins has further alleged that Durham also had a clear racial bias against whites, and has stated that it was well-known among the flight attendants— primarily through workplace gossip — that Durham subjected white trainees to different treatment than African-American trainees, and that she subjugated the for *516 mer to “constant harassment.” R2-34 at 61.

Three disputes involving Hankins and Durham are pertinent to this appeal. The first, on 31 May 2003, involved Hankins’ travel bag, which was allegedly overstuffed and too large to fit in an overhead compartment while in-flight. Instead, Han-kins strapped her suitcase into an empty seat on the plane, in violation of both AirTran’s policies and FCC regulations. Shari Gunnin, the lead flight attendant on the flight, reprimanded Hankins for this behavior, and later filled out a report detailing the incident. Durham was not present for this incident. Hankins claims that Gunnin was “rude” and “unpleasant” to her, simply because she “[did] not like [her].” Rl-1 at 3; R2-34 at 100-101. Hankins also claims that after the flight was over, she advised Durham that Gunnin would likely write her up, due solely to her personal dislike of her, and that Durham reassured Hankins that “everything’s fine” and that she should not “worry about it.” R2-34 at 101. Later, when Gunnin’s incident report was in fact filed, Durham called Hankins into her office. Hankins explained to Durham that the incident had been mis-characterized and asked Durham to remove the incident report from Han-kins’ file, but Durham refused, stating that the report was required to remain in her file for twelve months.

The second incident occurred on 18 June 2003, during a “check ride” 2 on a DC-9 airplane on which Durham was observing Hankins and two other probationary flight attendants. Hankins was less familiar with the DC-9, and was unaware that the power on a D-9 airplane cuts off when it backs away from the terminal. During Hankins’ presentation over the plane’s intercom, the power cut off, and, unbeknownst to Hankins, her voice was temporarily inaudible to the passengers. Durham later informed Hankins and the other flight attendants that she was going _ to fail them on the check ride, for failing to re-start the safety demonstration after the power had cut off. The other flight attendants protested this treatment, arguing that Durham had told them while inflight that they did not need to re-start the safety presentation. In light of these protestations, Durham stated that she chose to “give them the benefit of the doubt,” tore up the performance form indicating a failing grade, and gave each attendant a passing score instead. R3-55 at 42-43.

The final incident between Durham and Hankins came in July 2003, while Durham was on board a flight and was observing Hankins in her mandatory pre-flight inspection of emergency equipment. Durham verbally reprimanded Hankins for not checking some of the pieces of emergency equipment, and later wrote up a disciplinary notice — which she submitted to Head — detailing Hankins’ failure to thoroughly check the equipment. In her report, Durham also recommended that Hankins be sent back to AirTran’s flight attendant training program for further training. This recommendation, however, was not heeded. Hankins contends that Durham had “no reason” for writing her up for this incident, and maintains that Durham simply did not like her “because [she was] white.” R2-34 at 68, 78.

When Hankins was called to Head’s office on 9 September 2003 to discuss Durham’s report, Hankins contends that she told Head that Durham’s treatment of her *517 constituted race discrimination. Specifically, Hankins claims that she told Head in that meeting that Durham did not like white employees, that Durham constantly harassed her fellow white trainees, and that such discrimination had been an ongoing problem under Durham’s supervision.

Following these incidents with Durham, on 14 September 2003, Hankins had a run-in with Adam Kerstetter, a flight attendant, while they were waiting in line for the employee bus. After Kerstetter cut in front of Hankins in line, Hankins yelled at Kerstetter and told him, in front of the other employees, that she “would kick his ass if he ever tried to cut in front of [her] again in line.” R2-34 at 124. Although Hankins was joking when she made this statement, she concedes that Kerstetter did not respond as if it were a joke, and that he appeared embarrassed by the confrontation. In fact, Kerstetter filed a letter to his superiors complaining of this incident, based on his belief that Hankins’ “manner and comment [were] threatening in nature” and were “completely inappropriate and unwarranted” by the circumstances. Rl-32, Exh. 1 at 2. After Durham received Kerstetter’s letter detailing the incident, she passed it along to Head. Head later met with Kerstetter, and he directly recounted the details of the incident to her.

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